9. (1) Where a planholder under an Ontario home ownership savings plan receives any assets of the plan or the use or benefit of any assets of the plan either directly or indirectly, or is deemed by this Act to have received any assets of the plan, other than for the purpose of purchasing a qualifying eligible home described in subsection 5 (4), the planholder is liable to pay to the Minister an amount equal to the aggregate of, (a) a tax credit recovery equal to the total amount of all tax credits allowed under the Income Tax Act (Ontario) to the planholder or to the planholder’s spouse or former spouse or common-law partner or former common-law partner in respect of qualifying contributions made by the planholder to the plan; and (b) interest at the prescribed rate on the amount of each such tax credit computed from the later of, (i) the date of the first assessment under the Income Tax Act (Ontario) for the taxation year to which the tax credit applies which allows the tax credit to any person, and (ii) the 30th day of April of the year following the taxation year to which the tax credit applies, to the date of payment by the planholder.  R.S.O. 1990, c. O.20, s. 9 (1); 1994, c. 17, s. 123 (4); 2000, c. 42, s. 91 (1). Exception (2) No amount is payable under subsection (1) with respect to tax credits allowed to the planholder or to his or her spouse or former spouse or common-law partner or former common-law partner under the Income Tax Act in respect of qualifying contributions made by the planholder to his or her Ontario home ownership savings plan if the planholder has otherwise complied with this Act and the regulations but is terminating his or her plan for the reason that, (a) the planholder or the spouse or common-law partner of the planholder with whom the planholder resides, or from whom the planholder lives separate and apart for reasons other than the breakdown of the marriage or common-law partnership, has acquired, after the planholder entered into the plan, an ownership interest in an eligible home by gift from the owner of the interest or by reason of the death of the owner of the interest; or (b) the planholder, after having entered into an Ontario home ownership savings plan, has married a person who had an ownership interest in an eligible home at the time of the marriage or has entered into a common-law partnership with a person who had an ownership interest in an eligible home at the time the common-law partnership was entered into.  2000, c. 42, s. 91 (2). Exception, 2006 and subsequent years (2.1) If, after December 31, 2005, the planholder of an Ontario home ownership savings plan receives assets of the plan or the use or benefit of assets of the plan either directly or indirectly, or is deemed by this Act to have received any assets of the plan, no amount is payable under subsection (1) with respect to tax credits allowed under the Income Tax Act relating to the plan if the planholder has otherwise complied with this Act and the regulations.  2004, c. 31, Sched. 29, s. 3 (1). Withholding by depositary (3) Except in the circumstances described in subsection (2.1) or section 5, where a depositary of an Ontario home ownership savings plan pays out or releases any assets of the plan to any person, or the planholder is deemed by this Act to have received any assets of the plan, the depositary shall, (a) file with the Minister a return in the form approved by the Minister within thirty days of the date of the payment or release of the assets of the plan or the date the planholder is deemed by this Act to have received any assets of the plan, as the case may be; (b) deduct and withhold from the assets of the plan and remit to the Minister in the prescribed manner and at the prescribed time, on account of the tax credit recovery and interest payable by the planholder under subsection (1), an amount equal to 25 per cent of the total value of all assets of the plan immediately before the payment or release or on the date the planholder is deemed by this Act to have received any assets of the plan, as the case may be, unless the depositary is in receipt of written authorization from the Ministry advising the depositary that it is relieved of its obligation under this subsection to deduct, withhold and remit the amount; and (c) hold the amount required to be withheld and remitted under clause (b) separate and apart from the depositary’s own money, assets and estate, in trust for Her Majesty in right of Ontario, until the amount is remitted to the Minister.  R.S.O. 1990, c. O.20, s. 9 (3); 1994, c. 17, s. 123 (4); 1997, c. 19, s. 18 (3); 2004, c. 31, Sched. 29, s. 3 (2). Notice of determination of tax credit recovery and interest (4) Where a planholder is liable to pay an amount under subsection (1), the Minister shall determine the amount of the tax credit recovery and interest payable by the planholder and shall send to the planholder a notice of determination of the tax credit recovery and interest.  R.S.O. 1990, c. O.20, s. 9 (4). Payment of tax credit recovery and interest (5) The planholder shall, within thirty days from the day of mailing of the notice of determination under subsection (4), pay to the Minister any part of the tax credit recovery and interest then remaining unpaid, whether or not an objection to or an appeal from the Minister’s determination is outstanding, all amounts received by the Minister under this section to be applied firstly to any interest then payable and any balance then remaining to be applied against the tax credit recovery payable.  R.S.O. 1990, c. O.20, s. 9 (5); 1994, c. 17, s. 123 (4). Refund of overpayment (6) The Minister shall, on or after mailing the notice of determination under subsection (4), refund any overpayment made on account of the amount payable by the planholder under subsection (1) and shall pay interest at the prescribed rate on such overpayment from the day when the overpayment arose to the day of refunding, unless the amount of the interest calculated is less than one dollar, in which event no interest shall be paid.  R.S.O. 1990, c. O.20, s. 9 (6). Idem (7) A notice of determination under this section includes any amended notice of determination.  R.S.O. 1990, c. O.20, s. 9 (7). Idem (8) Where an amount has been deducted, withheld and remitted under subsection (3), the receipt of the Minister therefor is a full and sufficient discharge to the depositary for the payment over of such money and such payment is a full and complete discharge to the depositary making it and for any claim to such payment by any person who claims to be entitled to the funds.  R.S.O. 1990, c. O.20, s. 9 (8). Idem (9) Where a depositary fails to deduct, withhold and remit an amount as required by subsection (3), the depositary is liable to the Crown for the amount that should have been deducted, withheld and remitted.  R.S.O. 1990, c. O.20, s. 9 (9). Administration fee (10) The terms of an Ontario home ownership savings plan may permit a depositary, on a transfer, payment or release of the assets of the plan, to deduct any fees or charges payable by the planholder to the depositary in connection with the operation or administration of the plan from the assets of the plan remaining after the deduction of any amount required to be deducted under subsection (3).  R.S.O. 1990, c. O.20, s. 9 (10).